Patna High CourtCR. MISC./39571/2024bail granted

Praful Kumar v. The State Of Bihar

2024-07-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39571 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== PRAFUL KUMAR SON OF MITHILESH KUMAR SINGH VILLAGE - CHAUSIMA, PS- JUNDAHA, DIST- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Hemant Kumar, Advocate For the State :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code.

3. As per prosecution case, this petitioner is alleged to have kidnapped the daughter of the informant for the purpose of marriage.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner has falsely been implicated in this case. The victim in her statement recorded under Section 164 of the Cr.P.C. has denied the prosecution case and stated that she left her house on the alleged date of occurrence in the company of this petitioner on her own will and they proceeded for Haryana and stayed there for some days.

Patna High Court CR. MISC. No.39571 of 2024(2) dt.15-07-2024 2/2 Thereafter, they returned to Hajipur and solemnized marriage in Pataleshwar Temple on 04.02.2024. The victim has stated her age as 18 years. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, statement of the victim recorded under Section 164 Cr.P.C. and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 179 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T